In the above case in question, the claimant (Richards) was a multi-trade carpenter registered under the CIS and paid by the respondent via the CIS. The Employment Appeal Tribunal overruled the original tribunal's view that a carpenter was self-employed - in spite of him being registered for CIS before he started working for the client, and in spite of him (presumably) completing Annual Self-assessments for being self-employed!
This is just more evidence to show the contradictions that exists throughout the employment tribunals services, and it highlights just how willing a tribunal is to favour individuals making claims against businesses.
The crux of the decision was around the working practices of the company looking more like an employment relationship rather than being a genuine self-employed engagement.
So, it’s important to remember, if you want to extend significant control over your self-employed workforce and how they operate, and especially if you end up falling out with one or more of them, the tribunal services are very likely to find that they are your employees - you can’t keep your cake and eat it!!
What is an Employment Appeal Tribunal
This tribunal is, as suggested, an appeal from a former Employment Tribunal where one of the parties is dissatisfied with the outcome of a former hearing and is looking to get the judgement overturned. This can also relate to industry jurisdiction as well as individual cases. The tribunal must satisfy a breaking or perversion of the law to be deemed worthy of trial.
